• Features

    Foreign Lost Profits Recoverable for Patent Damages

    Elizabeth B. Hagan

    The U.S. Supreme Court recently held that a patent owner may recover lost foreign profits for infringement under 35 U.S.C. §271(f)(2). The holding in WesternGeco LLC v. ION Geophysical rejects the Federal Circuit’s categorical exclusion of lost profits damages for foreign sales, and expands the potential for increased damages from domestic competitors operating in foreign markets.

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  • Features

    Supreme Court to Review Post-AIA On-Sale Bar

    Jon Bachand and Ari Feinstein

    The U.S. Supreme Court agreed to consider a question raised by Helsinn Healthcare: whether, under the Leahy-Smith America Invents Act (AIA) an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art for purposes of determining the patentability of the invention.

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  • Features

    “Registration” Means “Registration” … Or Does It?

    James A. Trigg and Chris Bussert

    Supreme Court Grants Cert to Resolve Circuit Split on Registration Prerequisite for Filing Suit under Copyright Act

    Although the term “registration” as used in the Section 411(a) of the Copyright Act does not immediately appear to be ambiguous, courts have reached differing conclusions as to its meaning.

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  • Columns & Departments

    IP News

    Howard Shire and Adam Fisher

    Federal Circuit Holds That Tribal Sovereign Immunity Cannot Be Asserted in IPR Proceedings
    Citing ‘Steep Burden’ on Plaintiffs, Federal Circuit Denies Use of ‘Entire Market Value Rule’ in Cases Involving Multicomponent Products

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